Domb & Ors, R (on the application of) v London Borough of Hammersmith and Fulham & Ors

Facts

The London Borough of Hammersmith and Fulham had charged for non-residential home care services between 2000 and 2006, when the then Labour administration discontinued the policy; the Conservatives won the May 2006 local elections on a manifesto of not charging. Budgetary pressure over the following two years left officers able to identify only two ways of bridging the funding gap: raising the eligibility threshold so as to exclude all moderate needs, or reintroducing charging. On 17 January 2008 the Council decided to consult on a charging scheme, and a twelve-week consultation followed, forming part of a Predictive Equalities Impact Assessment prepared by Ms Angela Jenkinson. On 16 June 2008 the cabinet resolved to introduce charges at £10 per hour, rising to £12.40. Deborah Domb, a wheelchair user, Dulce Sobral, who suffers from conditions leaving her exhausted and in severe pain, and Moses Bushiwa, who is blind, sought judicial review to quash that decision, contending that the Council had failed to have due regard to its disability equality duties under section 49A of the Disability Discrimination Act 1995, and to the gender and race equality duties under section 76A of the Sex Discrimination Act 1975 and section 71 of the Race Relations Act 1976. Sir Michael Harrison, hearing a rolled-up application, granted permission but refused relief. Sedley LJ refused permission to appeal on legitimate expectation and adjourned the remaining grounds.